We can also provide "agency" based legal services to individuals and companies which includes the exercise of a right of audience, the conduct of litigation, reserved instrument activities, probate activities, notarial activities and the administration of oaths, where Consula enters into an "agency" agreement with a law firm in relation to a particular project or client. In such instances, Consula and its Consultants operate under the regulatory umbrella of the firm whom we enter into such agreements with.
Similarly, we cannot provide any Claims Management Services in our own right as we do not hold a licence and are not regulated by the Ministry of Justice. The Conduct of Authorised Persons Rules 2014 set out the specific requirements relating to Claims Management and can be viewed here. In addition, there is information for consumers available from the Ministry of Justice which can be viewed here.
However, we can provide "agency" based claims management services. The Ministry of Justice Guidance relating to who needs to be authorized to conduct Claims Management under the Compensation Act 2006 provides certain exemptions from the acquirement to register and obtain a licence to become authorized. The particular exemptions which relate to Consula include:
(a) Legal practitioners
An exemption exists in relation to legal practitioners acting in the normal course of practice in a way permitted by professional rules to which the legal practitioner is subject. In relation to Consula, this would cover "agency" work for a law firm;
(b) “exempt introducer” status
The requirements are set out in detail in the Compensation (Exemptions) Order 2007. Essentially, our primary business is not claims management, but as a consequence of some of the projects we become involved in there is an element of claims management. Given the size of such projects “exempt introducer” status would apply in the first instance. Where such projects exceed the threshold for this exemption, we would then be exempted by virtue of (c) below;
(c) Introducers acting as agents for a business
Where introducers are in effect agents of a licensed claims management business, then, if there is a proper agency contract, such agents are covered by the claims management business’s authorization. We always enter into proper agency contracts to ensure compliance with the requirements for exemption.
In the event that Consultant Lawyer Solutions Ltd engages in any agency based legal services or claims management services, we will comply with the regulatory requirements both in respect of transparency with the partner business and also in respect of transparency with the individual client(s).
In addition, Martin Callan is a Chartered Legal Executive. The Chartered Institute of Legal Executives is a specified body for the purpose of regulating claims assessors under the Compensation Act 2006. Those of its Chartered Legal Executives who provide referral services in claims management work are authorised and regulated by CILEx to do so for the purposes of the Compensation Act 2006.
Consula is covered by the Data Protection Act. Some of our projects include acting as an agent for Law Firms or Claims Management Companies, which can include collecting data about clients. As a result, for the avoidance of any doubt, Consula believes that being registered as a Data Controller is necessary. Please see our Privicy Policy
Martin Callan is registered as the Data Controller for Consultant Lawyer Solutions Ltd. For more information please visit www.ico.gov.uk.
Consultant Lawyer Solutions Ltd is a company registered in England & Wales under company number 8213944.
Niles McLeod (No 1) Ltd is a Corporate Director of Consultant Lawyer Solutions Ltd
The "Consula" brand, logos, domain and website content are used under licence by Consultant Lawyer Solutions Ltd and are the property of Niles McLeod (No.1) Limited. Niles McLeod (No.1) Limited is a company registered in England & Wales under company number 06921500. Niles McLeod (No 1) Limited is not a trading company.
Legal & Regulatory Status of Consula
Consultant Lawyer Solutions Ltd (Consula) is not a law firm or a claims management company. It is an independent Legal Consultancy, that provides specific types of services to businesses, law firms, start-ups and individuals. Consula provides these services in compliance with the regulatory framework for legal services in the UK. For example, we don't provide reserved legal activities as specified in section 12 of the Legal Services Act, which includes the exercise of a right of audience, the conduct of litigation, reserved instrument activities, probate activities, notarial activities and the administration of oaths- these services are provided by law firms which are regulated by a supervising body. All these terms are defined in detail in Schedule 2 to the Act. For more information about this please visit the Solicitors Regulation Authority website here.
Consula provides "in-house" legal services to companies which may include the exercise of a right of audience, the conduct of litigation, reserved instrument activities, probate activities, notarial activities and the administration of oaths, where one of our Consultants is appointed as a legal officer or legal director and acts under a delegated authority in accordance with Schedule 3 of the Legal Services Act.
Regulation of Chartered Legal Executives
Consula is not regulated directly by the Solicitors Regulation Authority or Ministry of Justice. We are regulated indirectly where we act as an agent, as described above. However, Martin Callan, who is a Director and Consultant at Consula is a Chartered Legal Executive Lawyer and Fellow of the Chartered Institute of Legal Executives (CILEx). This means that he is regulated on an individual basis by the regulatory body for Chartered Legal Executives, CILEx Regulation Ltd (CReg).
CReg is responsible for all regulatory matters affecting CILEx and CILEx members. Its aim is to define, promote and secure, in the public interest, proper standards of professional conduct and behaviour among CILEx members. CILEx is an Approved Regulator under the Legal Services Act but must separate its representative and regulatory activities to ensure that it and its members meet the Act's objectives and comply with its stated professional principles. As a result CReg is the regulatory body for Chartered Legal Executives in England & Wales. As a consequence, our complaints procedure (which in many cases imports the requirements of both the SRA and MoJ) is subject to the CReg Guidance on Complaints, a copy of which can be viewed here.
In the unlikely event that a client, individual or partner brings a complaint against Consula, it will be deemed to be a complaint against Martin Callan. Where such a complainant is not satisfied with the final response to their complaint, they have the option to refer the matter to CReg who regulate Martin Callan as a Chartered Legal Executive Lawyer. Martin Callan is a Fellow of CILEx and is bound by the Code of Conduct. The Code of Conduct relates primarily to the provision of legal services to clients but Martin Callan has sought to import the principles of the Code into this business to ensure clients, individuals or partners receive high standards and have a process for redress if they are unhappy with the final decision of any complaint. To find out how to make a formal complaint to CReg about Martin Callan please click here.
Martin Callan is Commissioner for Oaths and an Authorised Person under Section 18 of the Legal Services Act 2007.
Because we use 0871 telephone numbers, which are charged at 10p a minute from a standard BT line, we have registered with PhonePayPlus. PhonepayPlus (previously known as ICSTIS) regulates premium rate (or phone-paid) services in the UK. These include premium rate goods and services that you can buy by charging the cost to your phone bill or pre-pay account.
Premium rate numbers generally begin with 09, 118, 0871, 0872 and 0873. Mobile text shortcode numbers - the five- and six-digit numbers that you can use to enter text competitions, give to charity via your mobile, download mobile games, etc. - are also considered premium rate..
Consula believes that transparency and regulatory compliance are essential elements of delivery a quality service. For more information about Ofcom regulation please visit www.phonepayplus.org.uk.